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HomeMy WebLinkAboutMINUTES-09/18/1990-RegularSeptember 18, 1990 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Proclamations and Presentations - 6:15 p.m. a. Proclamation Designating the Week of September 23-29, 1990 as Oktoberfest Week, was presented. Regular Meeting - 6:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, September 18, 1990, at 6:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Azari, Edwards, Horak, Kirkpatrick, Mabry, and Maxey. Councilmembers Absent: Winokur. Staff Members Present: Burkett, Krajicek, Roy. Citizen Participation Tom McKenna, 3500 Rolling Green, asked Council not to pay $2,000 in dues to the Fort Collins Chamber of Commerce. He commented the Chamber's meetings and records are not open to the public, and the City should not be a member of a secret society. Richard Muniz, 3301 E. County Road 30, inquired as to when the City plans to purchase his property near the Fort Collins/Loveland Airport. Christopher Zell, 4320 N. County Road 13, questioned the use of a Weld County appraiser to appraise the Muniz property. He urged Council to review the rational of using appraisers from another county to appraise land in Larimer County. Agenda Review: City Manager City Manager Burkett stated there were no changes to the agenda as published. Consent Calendar This Calendar is intended to allow the City Council to spend its time and energy on the important items.:on a lengthy agenda. Staff recommends approval of the Consent Calendar. ' Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #18, Pulled Consent Items. ' 6. Consider approval of the minutes of the regular meeting of August 7. 279 7. EM 0 September 18, 1990 Second Reading of Ordinance No. 80, 1990, Annexing Approximately 46 Acres, Known as the Burns Annexation. B. Second Reading of Ordinance No. 81, 1990, Zoning Approximately 46 Acres, Known as the Burns Annexation, into the R-F, Foothills Residential, Zoning District. On July 17, Council unanimously adopted Resolution 90-105 Setting Forth Findings of Fact and Determinations Regarding the Burns Annexation and Zoning. On July 17, Council also unanimously adopted on First Reading Ordinance No. 80, 1990 and Ordinance No. 81, 1990, which annex and zone approximately 45.65 acres located west of Overland Trail and south of Drake Road (extended). The requested zoning is the R-F, Foothills Residential District. The property is largely undeveloped, two single-family residences are located on the property. The property is currently zoned FA-1, Farming in the County. This is a voluntary annexation. A letter has been received on behalf of the applicant requesting that the Burns Annexation and Zoning be postponed to December 4. Adoption of the Consent Calendar will postpone consideration of this item until December 4. Proposals for Claims Handling Services were solicited in June, and Crawford & Company was selected for a three year period, renewable annually. The contract provides for handling of general liability and auto liability claims and workers' compensation claims. This Ordinance, which was unanimously adopted on First Reading on September 4, authorizes the contract. Improvement District. Larimer County has proposed the formation of a County Special Improvement District to reconstruct and overlay certain streets both within and outside the corporate boundaries of tfi6 City. State statute requires that the City consent to the construction of any such improvements within the City limits before they may be authorized, by the County. This Ordinance, which was unanimously adopted on Second Reading on September 4, does not obligate the City to participate in the cost of the improvements. Upon receiving City consent, Larimer County will begin the formal process for the creation of the district to finance the construction of the improvements. This 280 1 10. 11 consolidated reconstruct Subdivision Center. September 18, 1990 County Special Improvement District is being proposed to the local residential streets in the Fairway Estates to County street standards. In 1989, Anheuser-Busch Corporation donated $55,000 to the City of Fort Collins to make improvements to the Northside Aztlan Community Center. The City received half of the donation last fall, and that amount was recently appropriated by Council. The other half was just recently received. The work to be done includes adding air circulation in the gymnasium, making locker room improvements, improving exterior wall moisture protection, improving the gymnasium floor, adding a divider curtain in the gymnasium, and replacing old exercise equipment. Resolution 90-135 Authorizing the Abatement of Interest in the 1989 Consolidated Special Improvement District. In accordance with the provisions of Ordinance No. 27, 1990, the Financial Officer has recommended that the City Council abate a portion of the interest that has accrued on the first assessment installment owed on a ' property in SID #82. Adoption of this Resolution will abate 11 months of regular interest which has accrued on the assessment levied on property formerly owned by Center Ventures Inc. This abatement shall apply to assessments levied for SID #82 only. 12. Routine Deeds and Easements. a. Deed of easement from Michael L. Scott and Kathryn V. Scott, 3508 W. County Rd. #50, needed to complete the waterline loop in the Arapahoe Hills Subdivision area which will provide customers with improved water service and fire protection. Monetary consideration: $1300 (Based on residential acreage) Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. 7. A. Second Reading of Ordinance No. 80, 1990, Annexing Approximately 46 Acres. Known as the Burns Annexation.. 11 Residential, Zoning District. 1 281 Em Q September 18, 1990 3ecunu Keauiny ur uruindnce nu. iui, ivvu, Hu6lrur r41r14 a rruie»iunai ' Services Agreement with Crawford and Company for Claims Handling Services. Second Reading of Ordinance No. 102, 1990, Consenting to the Construction of Certain Street Improvements upon Property Lying Partly Within the Boundaries of the City, Through Their Inclusion in a Larimer County Special Improvement District. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. 10. Councilmember Mabry made a motion, seconded by Councilmember Azari, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, and Maxey. Nays: None. THE MOTION CARRIED. Staff Reports City Manager Steve Burkett recognized Jody Kole for her contributions to the City of Fort Collins, City Council and City Manager's office. Councilmember Reports Mayor Kirkpatrick reported that Larimer County was the top award winner for the Community Recycling Reward Grants in the Urban Area competition for the state. She stated she had attended a''nited.Nations Conference on Local Governments for a Sustainable Future. Councilmember Horak presented Council with a brief summary of the National League of Cities Energy, Environment and Natural Resources Steering Committee Meeting that he attended. Second Reading of Ordinance No. 99, 1990, Authorizing the Exchange of Real Properties Between the City and Faith Evangelical Free Church for a bicycle/pedestrian trail from the Spring Creek Trail to Drake Road at Dunbar Street and the City granting�a:drainage�,easement to Following is staff's memorandum on this item. "EXECUTIVE SUMMARY This Ordinance, which was adopted 6-1 on First Reading on September 4, authorizes the exchange of real properties between the City and Faith Evangelical Free , 282 September 18, 1990 ' Church. In this exchange, the City would deed to Faith Evangelical Free Church 0.27 acres of the Ross Open Space Land in exchange for 0.27 acres of church land. Both parcels of land exchanged on the north property line are of equal size and value. In addition the church is deeding 0.07 acres of land to the City for a bicycle/pedestrian trail through its property to Drake Road. This land exchange will benefit the City by providing trail access with a safe, signalized pedestrian crossing at Drake Road and Dunbar Street. In return, the Church's northerly property boundary will be straightened, which will facilitate its parking lot configuration." Councilmember Mabry made a motion, seconded by Councilmember Edwards to adopt Ordinance No. 99, 1990 on Second Reading. The vote on Councilmember Mabry's motion was as follows: Councilmembers Azari, Edwards, Kirkpatrick, Mabry and Maxey. Nays: Councilmembers Horak. THE MOTION CARRIED. Public Hearings on the 1991 Recommended Budget and Highway Users Tax Fund Moneys Mitch Kaman, Dean of Educational Services at Front Range Community College, asked for increased Transfort service from CSU to Front Range College. He spoke of the increased demand for transportation for students attending both CSU and Front Range Community College. He stated with the help of the carpentry students and with the City's permission, Front Range would build bus shelters and finish the ' sidewalks if additional bus service was provided to Front Range. David Neenan, 1606 Brentford Lane, asked for support for New Bridges, a day -time service center for the homeless. He asked that $18,000 in funding be allocated from the budget to the project. Bob Teuting, 916 Cheyenne Drive, asked for a budget education program though City News articles to alert citizens to participate in government. Elaine Bonnie, 1608 Prospect Lane, member of the Fort Collins Human Relations Commission asked Council to support the Human Resource Grant increase. Mary Cosgrove, 2230 Eastwood Drive, Director of Project Self Sufficiency spoke of the Human Resource Grant and urged Council to support the proposed grant increase. Oth?r Rusiness Councilmember Maxey inquired if the City and the Council is taking a position on Amendment 1 which will be on the November ballot. He spoke of tipping fees at the landfill and of increased illegal trash dumping in the community. Councilmember Edwards requested additional information on various budget related materials. He specifically inquired about a $250,000 line item for the ' sprinkling of Grandview Cemetery which was listed in the proposed budget. 283 September 18, 1990 Mayor Kirkpatrick requested that staff prepare a brief analysis looking into the ' possibility of using City investments for environmentally sensitive products and processes. She stated that she would like an update on the relationship with Fort Collins' sister city, Gudalajara, Mexico. Appeal of the Final Decision of the Planning and Zoning Board on July 23, 1990, Approving the Rohrbacker PUD, Preliminary Plan, Planning and Zoning Board Decision Upheld The following is staff's memorandum on this item. "EXECUTIVE SUMMARY On July 23, 1990 the Planning and Zoning Board approved the Rohrbacker PUD, Preliminary Plan on a 3-2 vote, with conditions. On August 6, 1990, an appeal of that final decision was made for the appellants, Bill Wyatt for Thomas and Charlene Bassett, Richard DeCook, Harold S. Fisher, Ron Bauer, John Jervis, David P. Janssen, Marion T. Allen, Jr., David G. Joyce, Hayden H. Standiferd, John R. Valerius, Glen Tucker, Ross Rinker and Vern W. West. DESCRIPTION OF PROJECT The Rohrbacker PUD, Preliminary Plan consists of a request for an auto salvage yard on 3.6 acres. The site is located at 1401 E. Magnolia Court, north of Highway 14 and west of Link Lane. Zoning of the site is C-Commercial, with a PUD condition. The applicant submitted a combined, preliminary and final plan; however, the Planning and Zoning Board only gave approval for the preliminary plan. The site presently contains a vacant office building, construction offices/storage area and a number of auto bodies being stored by the applicant. Storage of autos is presently an illegal use of the site. Action regarding the storage of autos on the site has not been taken, since the applicant is in the process of trying to resolve this matter via the City's PUD process. The proposed PUD plan was evaluated against the "Extraction, Salvage and Junk Yard Uses" Chart and the "All Development Criteria" Chart of the Land Development Guidance System. The three absolute criteria of the "Extraction, Salvage and Junk Yard Uses Chart" have been addressed by the proposed plan. The applicant is proposing perimeter fencing and landscaping at the site's.hentry to: minimize visual impacts of the proposed auto salvage yard. Planning staff found the proposed project met the applicable "All Development" criteria of the Land Development Guidance System and that the proposed development was compatible with the surrounding area.. On this basis, staff recommended approval of the Rohrbacker PUD. , 284 September 18, 1990 ' The Planning and Zoning Board approved the Rohrbacker PUD, Preliminary Plan on a 3-2 vote, with the following conditions: 1. No stacking of autos be permitted on the site. 2. Screening be provided to block views from adjacent properties along East Magnolia Court into the site. 3. A determination be made regarding where water to the west is coming from and where the proposed earthen berm should be placed. THE APPEAL The appellant has filed the appeal on the following grounds: 1. The Board abused its discretion, in that its decision was arbitrary and without the support of competent evidence in the record. 2. The Board substantially ignored its previously established rules of procedure. 3. The Board considered evidence relevant to its findings which was substantially false or grossly misleading. ' These grounds of appeal are valid as set forth in Section 2-48 of the Code. SCOPE OF COUNCIL CONSIDERATION OF APPEALED PRELIMINARY The issues that the Council must resolve in this appeal are three -fold: 1. Did the Board abuse its discretion? 2. Did the Board fail to conduct a fair hearing in that: a. the Board ignored previously established rules of procedure? b. the Board considered evidence relevant to its findings which was substantially false or grossly misleading information?" Councilmember Mabry withdrew from discussion and vote on this item due to a perceived conflict of interest. City Attorney Steve Roy briefly outlined the appeal process. Councilmember Maxey made a motion, seconded by Councilmember Azari, to hear the appeal since the grounds alleged in the appeal document are sufficient. ' The vote on Councilmember Maxey's motion was as follows: Yeas: Council members 285 September 18, 1990 Azari, Edwards, Horak, Kirkpatrick and Maxey. Nays: None. THE MOTION CARRIED. , Chief Planner Sherry Albertson -Clark, gave a staff presentation on the Rohrbacker PUD appeal. She briefly outlined the description of the property and the conditions of the appeal. The following appellants spoke on the Rohrbaker P.U.D. issue: 1. Dick DeCook, 3113 Longhorn Court, representing the partnership of Magnolia Investments, opposed the salvage yard, and asked that the Planning and Zoning Board's July 23, 1990 decision be overturned. 2. Harold Fischer, property owner west of the site, opposed the salvage yard. 3. David Janssen, 1725 Nedrah Drive, urged Councilmembers to oppose the salvage yard. 4. Ross Rinker, 1908 Crestmore Place, representing the Moose Lodge, requested that the Council vote against the salvage yard. 5. Bill Wyatt, attorney representing the Bassetts, property owners adjacent to the Rohrbaker property, questioned if the rehearing was appropriate or legal. He asked that Council overturn the Planning and Zoning Board's decision. 6. Allen Wilson, President of Plastec Corporation, 636 Cheyenne Drive, opposed the salvage yard. The following persons spoke on behalf of the applicants: 7. Lucia Liley, attorney representing the applicants, Mary and Wayne Specht, stated that many of the buildings surrounding the Rohrbaker property use unscreened portions of land for storage spaces. She asked that the Council uphold the decision from the Planning and Zoning Board. 8. Wayne Specht, owner of Auto Salvage said that he has worked very hard to compromise with the Planning and Zoning Board and urged Council to uphold the decision. 9. John Willox, Willox Wrecking owner supported land use as an auto recycling center. He expressed his displeasure at referring to auto recycling centers as "junk yards". Councilmember Azari made a motion, seconded by Councilmember Edwards to uphold the Planning and Zoning Board's decision. Councilmember Azari stated that she believed the board did not abuse its discretion and she supported the Planning and Zoning Board's decision. 286 ' September 18, 1990 ' Councilmember Edwards supported the motion. Councilmember Maxey said he believed the Planning and Zoning Board was correct in its procedures and supported the motion. Councilmember Horak stated he believed the decision of the Planning Board was not clear. He added he would not support the motion. Mayor Kirkpatrick stated that she did not like the fact that appeal hearings are becoming so legalistic. She stated that after reviewing the records, she supported upholding the Planning and Zoning Board's decision. The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers Azari, Edwards, Kirkpatrick and Maxey. Nays: Councilmember Horak. THE MOTION CARRIED. Adjournment The meeting adjourned at 8:40 p.m. ATTEST: �,: 1..`i �� 1. City Clerk �- Mayor 287